Friends Around™ is a mobile device application for cell phones and portable devices that allows you to locate and interact with other users (“Application”). The Application is provided to you by Zila Networks, LLC. These terms and conditions (“Terms”) govern your use of the Application and in exchange for use of the Application you agree to be bound by these Terms.
Use of Application is at your own risk. You are responsible for all costs associated with servicing or repairs to any device used in connection with the Application. We reserve the right to alter, remove, suspend or terminate the Application or your use of the application at any time, for any reason, without notification. We will not be liable in any way for possible consequences of that action. We are not liable for any damages, whatsoever, related to your use of or inability to use the Application. And, in no event will our total liability for any claims related to this Application exceed fifty ($50) dollars.
The Application is provided “as is”. We make no warranty or representation, either express or implied, and disclaim all other warranties, either expressed or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of warranties.
You agree to indemnify and hold us, our directors, officers, employees, agents, and affiliates harmless from any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use of this Application.
This Application may display third-party advertisements. We are not responsible for the content of third-party advertisements, or the content associated with any third-party links or applications accessible via such advertisements. You are responsible to review any terms and conditions and policies associated with third-party content and links.
You may use the Application for your non-commercial purposes only. If you are under the age of 13, you may not use this Application. You are prohibited from using the Application for any unlawful or illegal purposes, including, without limitation, infringement of our intellectual property rights or the intellectual property rights of others, harassment, abuse, harm, defamation, slander, disparagement, intimidation, invasion of privacy, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information or to upload or transmit viruses or any other type of malicious code that will affect the operation of the Application or devices, or for any obscene, pornographic, or immoral purpose. We reserve the right to terminate your use of the Application for violating any of the prohibited uses.
Offensive Images
No image uploaded to Friends Around should display full nudity, profanity, racist messages or symbols, or sexually graphic material. Some material considered artwork or scientifically will be exempt. The Friends Around team reserves the right to remove any image that violates this guidelines, at any moment.
When you submit content via the Application, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to that content. If you submit content via the Application, you automatically grant us a perpetual, worldwide, unlimited, with unlimited copyrights, irrevocable, transferable, assignable, royalty-free license to use that content for any lawful purpose, whatsoever, including, without limitation, the right to sub-license that content to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any content.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices via this Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
These Terms will be governed and construed in accordance with the laws of the State of Florida, U.S.A, without regard to its conflicts of law rules. For all disputes arising out of or relating to the Application, you submit to exclusive personal jurisdiction and venue of courts located in Miami, Dade County, Florida.
We are committed to protecting the privacy of the users of this Application. For information on how information is collected, used, or disclosed by us in connection with your use of the Application, please consult our Privacy Statement below, which is incorporated into these Terms by reference.
Although we use reasonable measures to provide for secure use of the Application, no transmission of data over the Internet, digital networks, or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of the information we receive.
We collect information about you via the Application. Collection may result from registrations, all forms of communications, information about you that we receive from third-parties, when you participate in forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and when you engage in other activities, services, products and resources we make accessible to users. The following are some types of information that we collect about you: your name, address, cellular phone and telephone number, email address, billing information (credit card number, expiration date and billing address, if and where applicable), gender and birth date, Global Positioning Satellite (“GPS”) GPS location, IP address, device and hardware ID, request type, carrier information, carrier user ID, and usage statistics about your device.
We may disclose your information to other Application users as directed by you in connection with the Application, to comply with a legal requirement or court order, or in the event of a sale of all or substantially all of our assets to a third party. We may also share your information with third parties or our trading partners and affiliates for their own marketing purposes, and we may also share your information with third-party service providers.
We will provide you with access to update or correct your personal information. By using the Application you consent to the transfer of your information to centers in the U.S. and abroad or wherever our services in connection with the Application are provided. You will be offered the opportunity to opt-out of services that we provide via the Application, if you no longer wish to take advantage of these services.
You can contact us about those Terms and Privacy Statement at the e-mail: terms@zilanetworks.com
Date of last revision of those Terms: December 15, 2009.